EMPLOYMENT INSURANCE ACT [See entire ACT]

CHAPTER Ⅶ Request for Examination and Reexamination

Article 87 (Examination and Reexamination)

(1) A person who has an objection to the confirmation of the acquisition or loss of insured status referred to in Article 17 or to a decision (hereinafter referred to as “original decision, etc.”) on unemployment benefits referred to in CHAPTER IV and child-care leave benefits and maternity leave benefits, etc., referred to in CHAPTER V may make a request for examination to the examiner referred to in Article 89, and a person who objects to resulting decisions may make a request for reexamination to the appeal committee referred to in Article 99. [Amended by Act No. 11274, Feb. 1, 2012]
(2) The request for examination prescribed in paragraph (1) shall be made within 90 days from the day on which it is known that a confirmation or decision under the same paragraph is made and the request for reexamination shall be made within 90 days from the day on which it is known that a decision on the request for examination is made.
(3) As for the interruption of prescription, requests for examination and reexamination mentioned in paragraph (1), shall be considered as requests by trial.

Article 88 (Appointment of Agents)

A person requesting examination or reexamination may appoint a person falling under any of the following subparagraphs as an agent in addition to a legal agent.
1. The spouse, direct ascendents and descendents, or brothers and sisters of a person making the request;
2. Executives or employees of a corporation making the request;
3. Lawyers or certified public labor attorneys;and
4. Persons authorized by the appeal committee pursuant to Article 99.

Article 89 (Employment Insurance Examiner)

(1) Employment insurance examiners (hereinafter referred to as "examiner") shall be appointed to conduct reviews under Article 87.

(2) Upon receipt of a request for review under Article 87 (1), an examiner assigned to review the case shall make a decision within 30 days: Provided, That if an examiner fails to make a decision within that time frame due to unavoidable circumstances, an one-time extension of up to 10 additional days may be granted.

(3) Matters necessary for the number, qualifications, placement, and duties of examiners shall be prescribed by Presidential Decree.

(4) A party who has good reason not to expect a fair review and decision from the assigned examiner may file an application for challenge to the examiner with the Minister of Employment and Labor.

(5) Upon the death of an applicant for review, the review process shall be pursued by a surviving family member, as prescribed in Article 57, if the deceased applicant was eligible to receive unemployment benefits or, if not, by the deceased applicant's heir or any other person who succeeds to any right or interest in relation to the initial disposition appealed from.

Enforcement Ordinance

Article 121 (Qualifications of Examiner)

An employment insurance examiner prescribed in Article 89 of the Act (hereinafter referred to as "examiner") shall be appointed from among any of the following public officials under the control of the Ministry of Employment and Labor:

1. A public official of Grade V or higher in general service or a public official in general service belonging to the Senior Executive Service among public officials under the control of the Ministry of Employment and Labor, who has engaged in services relating to petitions for examination or review of insurance for one year or longer;

2. A public official of Grade V or higher in general service or a public official in general service belonging to the Senior Executive Service among public officials under the control of the Ministry of Employment and Labor, who has engaged in the insurance service for two years or longer;

3. Any other person recognized by the Minister of Employment and Labor as qualified as those prescribed in subparagraph 1 or 2.

Enforcement Ordinance

Article 122 (Placement and Duty of Examiner)

(1) The examiner shall be placed in the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) The examiner shall be in charge of examination affairs and studying cases of requests for examination designated by the Minister of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 123 (Method of Application for Challenge)

(1) An application for challenge against the examiner made pursuant to Article 89 (4) of the Act shall be made in writing with the reasons clearly indicated.
(2) When the Minister of Employment and Labor receives the application for challenge under paragraph (1), he/she shall make a decision within 15 days and notify the applicant of it. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 124 (Report on Succession to Status of Claimant)

The person who succeeds to the status of a claimant for examination pursuant to Article 89 (5) of the Act shall report this to the examiner in writing, attaching documents proving the succession.

Article 90 (Request for Examination, etc.)

(1) When making a request for examination referred to in paragraph (1) of Article 87, requests for confirmation of acquisition or loss of insured status referred to in Article 17 shall be made to the examiner through the Korea Workers’ Compensation & Welfare Service (hereinafter referred to as the “Corporation”), and requests for examination regarding unemployment benefits referred to in Chapter IV and child-care leave benefits and maternity leave benefits, etc., referred to in Chapter V shall be made to the examiner through the head of an Employment Security Office.
(2) An Employment Security Office or the Corporation shall send the request for examination to a competent examiner along with its written opinion within 5 days from the date on which it has received the request.

Article 91 (Mode of Request)

Requests for examination shall be made in writing under the conditions prescribed by the Presidential Decree.

Enforcement Ordinance

Article 125 (Method of Request for Examination)

(1) The following matters shall be stated in a written request for examination under Article 91 of the Act:
1. Name and address of the claimant;
2. Name of the office which has make the decision as the claimee;
3. Contents of the decision which is the subject of the request for examination;
4. Date of coming into knowledge of the decision;
5. Existence and contents of the notification regarding the request for examination by the office which has made the decision as the claimee;
6. Purport and reasons for examination request;and
7. Date of the request for examination.
(2) If the request for examination is instituted by a selected representative or agent, the name and address of the selected representative or agent in addition to the matters described in paragraph (1) shall be stated, and the qualifications of the selected representative or agent shall be provided in writing. [Amended by Presidential Decree No. 22603, Dec. 31, 2010]
(3) The written documents described in paragraph (1) shall be signed and sealed by the claimant or the agent.

Article 92 (Correction and Rejection)

(1) If a request for examination has missed the deadline referred to in paragraph (2) of Article 87 or if it violates the methods prescribed by law and is impossible to correct the violation, the examiner shall decide to reject the request.
(2) In case where a request for examination violates the methods prescribed by law but is possible to correct the violation, the examiner may set a reasonable period and order the claimant for examination to correct the violation within that period:Provided that if the matters to be corrected are minor, the examiner may correct them by virtue of its authority.
(3) If the claimant for examination fails to correct the violation within the period under paragraph (2), the examiner shall decide to reject the request for examination.

Enforcement Ordinance

Article 126 (Correction of Request for Examination)

(1) The correction of a request for examination under Article 92 (2) of the Act shall be ordered using a written document containing the following contents:
1. Matters to correct;
2. Reasons for demanding the correction;
3. Period of correction;and
4. Other necessary matters.
(2) If the examiner revises a request for examination by virtue of his/her authority pursuant to the proviso of Article 92 (2) of the Act, he/she shall notify the person concerned of this.

Article 93 (Suspension of Execution of Original Decisions)

(1) A request for examination shall not suspend the execution of an original decision, etc.:Provided that where it is deemed urgently necessary in order to avoid serious harm arising from the execution of an original decision, etc., the examiner may suspend the execution ex officio.
(2) The examiner shall, where he/she intends to suspend the execution pursuant to the proviso of paragraph (1), notify the head of an Employment Security Office or the Corporation of the causes in writing.
(3) The head of an Employment Security Office or the Corporation shall, upon receipt of the notification referred to in paragraph (2), without delay, suspend the execution.
(4) An examiner shall, if he/she suspended the execution of an original decision pursuant to paragraph (2), notify in writing, the fact immediately to the claimant for examination.

Enforcement Ordinance

Article 127 (Notification about Suspension of Execution of Original Decisions)

The following matters shall be stated in a written notification about the suspension of execution under Article 93 (2) of the Act:
1. Case name of the request for examination;
2. Decision subject to the suspension of execution and contents of the suspension of execution;
3. Name and address of the claimant;
4. Name of the office which has made the decision as the claimee;and
5. Reasons for the suspension of execution.

Article 94 (Authority of Examiners)

(1) An examiner may, at the request of an claimant for examination or ex officio, conduct investigations described in the following subparagraphs, if it is deemed necessary for examination:
1. To have the claimant for examination or person concerned appear at a designated place and inquire or state his/her opinion;
2. To have the claimant for examination or person concerned present documents or other materials which may be used as evidence;
3. To have a third party with professional knowledge and experience appraise the situation;and
4. To visit the workplace or other places related to the case and question the employer, employees or other persons concerned or inspect documents and other materials.
(2) In case where an examiner undertakes the inquiries and inspections referred to in paragraph (1) 4 of this Article, he/she shall carry a certificate proving his/her authority and show it to the persons concerned.

Enforcement Ordinance

Article 128 (Investigation for Review)

(1) An application for an investigation conducted pursuant to Article 94 (1) of the Act to review a request for examination shall be made in writing with the following matters stated:
1. Case name of the request for examination;
2. Purport and reasons of the application;
3. Name and address of related persons who are required to be present (restricted to the case of Article 94 (1) 1 of the Act.);
4. Name and address of the owner or custodian of documents, and other materials required to be submitted (restricted to the case of Article 94 (1) 2 of the Act);
5. Matters requiring legal consultation and reasons therefor (restricted to the case of Article 94 (1) 3 of the Act);and
6. Workplaces and other places to enter, employers, employees and other related persons to be questioned, documents and other materials to be inspected (restricted to the case of Article 94 (1) 4 of the Act.)
(2) If the examiner investigates evidence pursuant to Article 94 (1) of the Act, he/she shall prepare a report on evidence. In this case, if he/she gets statements from the examination claimant or a related person under Article 94 (1) 1 of the Act, he/she shall prepare a statements protocol and annex it.
(3) The following matters shall be stated in the report on evidence under paragraph (2) and the examiner shall sign and seal it:
1. Indication of the case;
2. Date, time and place of the investigation;
3. Subject and method of the investigation;and
4. Result of the investigation.

Article 95 (Restitution of Actual Expenses)

Those who appear in person at a hearing, as prescribed in Article 94 (1) 1, or provide expert opinion, as prescribed in Article 94 (1) 3, are entitled to reimbursement for actual expenses incurred, as determined by the Minister of Employment and Labor.

Article 96 (Decision)

An examiner shall cancel all or part of an original decision, etc., or dismiss all or part of a request for examination when he/she completes the examination.

Enforcement Ordinance

Article 129 (Written Decision)

The decision on a request for examination under Article 96 of the Act shall be made by the written verdict with the following matters stated, and this shall be signed or sealed by the examiner:[Amended by Presidential Decree No. 23139, Sep. 15, 2011]
1. Number and name of the case;
2. Name and address of the claimant;
3. Name of the office which has made the decision as the claimee;
4. Main text;
5. Objectives of the request;
6. Reasons;and
7. Date of decision.

Article 97 (Methods of Decision)

(1) The decision under Article 89 shall be made in writing under the conditions prescribed in the Presidential Decree.
(2) An examiner shall, if making a decision, send an original copy of the decision to the claimant for examination and to the head of the Employment Security Office or the Corporation who has made the original decision, etc.

Article 98 (Effect of Decision)

(1) A decision shall take effect on the date on which an original copy of the decision is sent to the claimant for examination and to the head of the Employment Security Office or the Corporation.
(2) The decision shall be binding on the head of the Employment Security Office or the Corporation who has made the original decision, etc.

Article 99 (Employment Insurance Appeal Committee)

(1) The Employment Insurance Appeal Committee (hereinafter referred to as the "Appeal Committee") shall be established in the Ministry of Employment and Labor to conduct further reviews, as prescribed in Article 87.

(2) The Appeal Committee shall be comprised of not more than 15 members, including at least one representative of employees and at least one representative of employers.

(3) The members prescribed in paragraph (2) shall include two standing members.

(4) None of the following persons shall be appointed as a member of the Appeal Committee:

1. A person under adult guardianship or under limited guardianship or a person declared bankrupt and not yet reinstated;

2. A person in whose case three years have not passed since imprisonment without prison labor or any heavier punishment sentenced to him or her was completely executed or finally and conclusively discharged.

(5) Where a non-public official member falls under any of the following cases, he or she may be removed from office:

1. Where he or she becomes unable to perform the duties due to a mental or physical disability;

2. Where he or she engages in any misconduct in connection with the duties;

3. Where he or she is deemed unsuitable as a member due to neglect of a duty, loss of dignity, or any other reason;

4. Where he or she voluntarily admits that it is difficult to perform the duties.

(6) Standing members shall neither join a political party nor become involved in politics.

(7) The Appeal Committee shall make an adjudication within 50 days of receipt of a petition for further review, as prescribed in Article 87 (1). In such case, Article 89 (2) shall apply mutatis mutandis to extension of the time frame for adjudication.

(8) A secretariat shall be established under the Appeal Committee.

(9) Matters necessary for the organization, operation, etc. of the Appeal Committee and its secretariat shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 130 (Commission and Appointment of Appeal Committee Members)

(1) Members representing employees among members of the Employment Insurance Board of Review prescribed in Article 99 (1) of the Act (hereinafter referred to as the "Board of Review") shall be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a general federation of labor unions, while the members representing employers shall also be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a nation-wide association of employers.

(2) Members of the Board of Review, except a member representing employees, a member representing employers, and ex officio members, shall be commissioned by the President upon recommendation of the Minister of Employment and Labor among any of the following persons: Provided, That standing members shall be appointed by the President upon recommendation of the Minister of Employment and Labor, from among persons who fall under subparagraph 3 or 4:

1. A person who holds the qualification as a judge, public prosecutor, or attorney-at-law;

2. A person who held or holds an adjunct professorship or a higher position in a college or university prescribed in the Higher Education Act;

3. A person who served or serves as a Grade III or higher public official, or a public official, in general service belonging to the Senior Executive Service;

4. A person who has engaged in labor-related affairs for 15 years or longer and who is deemed qualified by the Minister of Employment and Labor;

5. A person who has good knowledge and experience in issues of social insurance or employment and who is deemed qualified by the Minister of Employment and Labor.

(3) The Minister of Employment and Labor shall nominate a Grade III public official in charge of insurance affairs belonging to the Ministry of Employment and Labor or a public official in general service belonging to the Senior Executive Service as the ex officio member of the Board of Review.

Enforcement Ordinance

Article 131 (Term of Office of Members)

(1) The term of appeal committee members shall be three years and may be renewed.
(2) When a vacancy occurs in the position of a member, the term of office of the substitute member who fills the vacancy shall be the remaining term of office of his/her predecessor:Provided that when a vacancy occurs in the position of a standing member (including the chairperson), the term of office of the substitute member shall start anew.
(3) Even in case a member’s term of office referred to in paragraph (1) expires, he/she may perform his/her duties until his/her successor is appointed.
[This Article Wholly Amended by Presidential Decree No. 21015, Sep. 18, 2008]

Enforcement Ordinance

Article 132 (Treatment of Members)

Members other than standing members and ex officio member who attend an appeal committee meeting may be provided with allowances and travel expenses needed to perform their duties within the limits of the budget. In this case, the regulations on travel expenses for public officials shall apply mutatis mutandis to the payment of the travel expenses.

Enforcement Ordinance

Article 133 (Chairperson and Vice-Chairperson)

(1) The appeal committee shall have one chairperson and one vice-chairperson.
(2) The chairperson of the appeal committee shall be appointed by the President upon nomination by the Minister of Employment and Labor from among the standing members and the vice-chairperson shall be elected from among the members. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 134 (Duties)

(1) The chairperson shall represent the appeal committee and shall oversee the affairs of the appeal committee.
(2) The vice-chairperson shall assist the chairperson and when the chairperson is unable to perform his/her duties for inevitable reasons, the vice-chairperson shall act on behalf of him/her.

Enforcement Ordinance

Article 135 (Meetings)

(1) A meeting of the appeal committee shall be composed of not more than nine persons including the chairperson or vice-chairperson, ex officio member and two members designated by the chairperson for each meeting, each representing workers and employers.
(2) If the chairperson of the appeal committee intends to convene a meeting, he/she shall notify in writing the time and place and agenda of the meeting to each member at least 15 days before the meeting:Provided that this shall not apply in an emergency.
(3) A meeting of the appeal committee shall be opened with the attendance of a majority of the members composed under paragraph (1) and shall make a decision by the concurring vote of a majority of the members present.

Enforcement Ordinance

Article 136 (Assignment of Expert Members)

(1) The Minister of Employment and Labor may, pursuant to Article 99 (8) of the Act, have specialists in the Board of Review to assign them to carry out specialized survey research as may be necessary for the review of the Board of Review.

(2) Necessary matters concerning the qualification for, service of, and remuneration of specialists shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[Title Amended on Aug. 30, 2008]

Article 100 (Other Party to Reexamination)

The other party to a request for reexamination shall be the head of the Employment Security Office or the Corporation which has made the original decision, etc.

Article 101 (Trial)

(1) The appeal committee shall, upon the receipt of a request for reexamination, set a trial date and place for the request and shall notify them to the parties and to the examiner who has tried the case 3 days in advance of the trial date.
(2) Either party may state its opinion in writing or orally before the appeal committee.
(3) The trial for a request for reexamination shall be made public:Provided that it may be made non-public upon the request of either or both of the parties.
(4) The appeal committee shall draw up a protocol of trial.
(5) Either party or person concerned may make an application for inspection of the protocol of trial mentioned in paragraph (4).
(6) The committee shall not, upon the application for inspection referred to in paragraph (5) by the party or person concerned, refuse it without any justifiable causes.
(7) Articles 94 and 95 shall apply mutatis mutandis with respect to a trial for a request for reexamination. In this case, “examiner”, “request for examination” and “claimant for examination” shall be read as “appeal committee”, “request for reexamination” and “claimant for reexamination”, respectively.

Enforcement Ordinance

Article 137 (Notification)

The notification of the trial date and place under Article 101 (1) of the Act shall be given in writing, and be delivered directly or by registered mail.

Enforcement Ordinance

Article 138 (Application for Closed Proceedings)

An application for closed proceedings under the proviso of Article 101 (3) of the Act shall be made in writing with the purport and reasons stated.

Enforcement Ordinance

Article 139 (Protocol of Trial)

(1) The following matters shall be stated in the protocol of trial under Article 101 (4):
1. Name and number of the case;
2. Date, time and place of the trial;
3. Names of the members present;
4. Name of the person concerned or his/her agent;
5. Contents of the trial;and
6. Other necessary matters.
(2) The protocol of trail under paragraph (1) shall have the date of its writing and shall be signed or sealed by the chairperson.
(3) The inspection application under Article 101 (5) of the Act shall be made in writing.

Enforcement Ordinance

Article 140 (Method of Request for Re-examination)

(1) The request for reexamination under Article 87 of the Act shall be made using a document with the following contents:
1. Name and address of the claimant;
2. Matters prescribed in Article 125 (1) 2 through 4;
3. Name of the examiner who made the decision;
4. Date on which the decision became known;
5. Existence of the notification of the request for re-examination by the examiner who made the decision and contents of the notification;
6. Purport of and reasons for the request for re-examination;and
7. Date of the request for re-examination.
(2) If the request for re-examination is instituted by a selected representative or agent, it shall state the name and address of the selected representative or agent in addition to the matters prescribed in paragraph (1), and the qualifications of the selected representative or agent shall be provided in writing. [Amended by Presidential Decree No. 22603, Dec. 31, 2010]
(3) The claimant or the agent shall sign and seal the documents under paragraph (1).

Enforcement Ordinance

Article 141 (Written Adjudication)

A written adjudication on a request for re-examination shall have the following matters stated and the chairperson of the appeal committee and the members who participated in the re-examination shall sign or seal it:[Amended by Presidential Decree No. 23139, Sep. 15, 2011]
1. Name and number of the case;
2. Name and address of the claimant;
3. Name of the office which has made the original decision;
4. Name of the examiner who made the decision on the request for examination;
5. Main text;
6. Purport of the request;
7. Reasons;and
8. Date of the adjudication.

Article 102 (Provisions Applicable Mutatis Mutandis)

The provisions of paragraphs (4) and (5) of Article 89, Articles 91 through 93 and Articles 96 through 98 shall apply mutatis mutandis with respect to the appeal committee and reexamination. In this case, “examiner” in paragraph (4) of Article 89, “decision” in paragraph (4) of Article 89, Article 97 and Article 98, and “request for examination” in Articles 91, 93 and 96 shall be read as “member of the appeal committee”, “adjudication” and “request for re-examination”, respectively, and “examiner” in Articles 93, 96 and 97 and “claimant for examination” in Articles 93, 97 and 98 shall be read as “appeal committee” and “claimant for reexamination”, respectively.

Enforcement Ordinance

Article 142 (Mutatis Mutandis Application)

The provisions of Articles 123, 124, and 126 through 128 shall apply mutatis mutandis to the appeal committee and reexamination. In this case, the term “examiner” and “Minister of Employment and Labor” in Article 123 shall be read as “member of the appeal committee” and “chairperson of the appeal committee”, “claimant for examination” in Articles 124 and 128 as “claimant for re-examination”, “examiner” in Articles 124, 126 and 128 as “chairperson of the appeal committee” and “request for examination” in Articles 126 through 128 as “request for re-examination.” [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Article 103 (Notification)

In case where the head of an Employment Security Office or the Corporation makes an original decision, etc., or an examiner sends an original copy of a decision pursuant to paragraph (2) of Article 97, he/she shall inform the other party or claimant for examination whether a request for examination or reexamination can be made on the original decision, etc., or the decision, and of the procedures to go through in the case of such a request, and the period of request.

Article 104 (Relation to Other Acts)

(1) An adjudication on a request for reexamination shall, in applying Article 18 of the Administrative Litigation Act, be deemed a ruling on administrative appeals.
(2) Matters which are not provided in this Act with respect to examination and reexamination shall be governed by the Administrative Appeals Act.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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